Relating To Pretrial Services Provided By The Intake Service Centers, Department Of Public Safety.
The bill repeals Section 353-6.2 of the Hawaii Revised Statutes, which mandated regular reviews of pretrial detainees to determine their custody status. It also revises Section 353-10, limiting the duties of ISC to areas more manageable under current budget constraints. The overall goal of the bill is to alleviate the burden placed on the department due to unfunded mandates that had resulted from increased responsibilities without necessary resources. This change aims to allow the department to operate within a more realistic budget while still attempting to fulfill its core functions.
House Bill 1035 seeks to amend the existing framework governing pretrial services administered by the Intake Service Centers (ISC) within the Department of Public Safety in Hawaii. It primarily aims to repeal certain provisions of Act 179, Session Laws of Hawaii 2019, which was established with bail reform initiatives that assigned additional responsibilities to the ISC. The backdrop for this legislation is the economic pressure stemming from the COVID-19 pandemic, which led to constraints on the state budget, affecting the ability of the ISC to perform the augmented responsibilities set forth in the previous act.
While the bill addresses immediate fiscal realities and seeks to streamline responsibilities, it may be a point of contention among stakeholders in the criminal justice system. Advocates for victims' rights and criminal justice reform may argue that the repeal of these provisions could weaken oversight of pretrial detainees. Concerns have been raised about the potential risks associated with reducing the frequency of reviews, particularly around issues like the right to pretrial release and the safety of victims, which were key components of the initial bail reform efforts under Act 179.